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50% start point for spousal maintenance?

  • maggie
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18 Apr 08 #19873 by maggie
Topic started by maggie
www.familylawweek.co.uk/library.asp?i=3504
"Where there are insufficient assets to provide for a Clean Break, however, such that the assets are divided fairly between the parties, I posit the question as to why it is fair that the asset of economic generation is not divided according to fairness but is defined by the reasonable requirements of the economically disadvantaged party – however generously assessed? If economic generation is an asset of the parties borne of the decisions that they have made in their relationship, why is it not susceptible to a percentage division as any other asset would be? Clearly, the appropriate percentage division of that asset should reflect the continuing contribution to it by the economically dynamic party but is the anchor of reasonable requirements an appropriate method of division of an asset to which both parties have contributed equally to the creation of during the marriage?"

  • cd12358
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19 Apr 08 #19945 by cd12358
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An interesting idea but how practical would it be to treat economic generation capacity as an asset ? Wouldn't you end up back in court every time either parties income fluctuated ?

From the same article;
"At the end of a marriage, the partnership ends and the wife has no right or expectation of continuing economic parity unless and to the extent that her needs or compensation for relationship generated disadvantage so require; but that a clean break should be achieved wherever possible."

Love the way it's assumed that the wife is the economically disadvantaged party :)

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